>> good morning. i am heather childers. >> i am heather nauert. >> it is tuesday december the 13th. thank you for watching "fox & friends first". this is the top five making news at this hour. john mcafee return to go the

united states. the anti virus software founder in miami after he was deported from guatemala. >> i am not worried at all. there's nothing they could do to send me back. they have no he had evidence. >> he fled to guatemala seeking asylum but he was arrested and taken to a detention center. >> one week from today hillary clinton will testify on the attack in benghazi that left ambassador chris stevens and three other americans dead. she will go before the house and senate foreign affairs committee. the obama administration has been under fire for the handling of the september 11th attack on our consulate. a major figure in the botched fast and furious scandal. he bought weapons found at the scene of border agent brian

perry's murder. i am sure mr. avila is remorseful but that shouldn't discount the severe consequences of his actions and those of the 19 codefendants in this case. >> tomorrow will mark two years since agent brian terry's death. the satellite north korea rocketed into space apparently is tumbling out of control. the report comes after they released the video of those watching the launch at the command center in the capital pyongyang. it claims it was carrying a weather satellite. many fear it could carry an atomic war head to the west coast of the u.s. talk about a perfect dozen. the clock striking 12-12 on december the 12th that's when this little girl came into world. the special moment is a once in a lifetime date. it happened at the new york

hospital. the little girl hasn't been named yet but we are told she has twin siblings and it was a natural delivery not a c section. >> that is your 5@5 now. >> the masked gunman behind the mall shooting that left three people dead in portland oregon. ainsley earhardt is here with the latest details. >> police say the man behind the mask 22-year-old jacob roberts. he use add semiautomatic weapon to kill a nurse and father of 5. kris another seriously wounded. >> all of us have to recognize this was a heartbreaking tragedy by any standard. many people were effected by this act of violence every day for the rest of their lives.

we should keep them in our thoughts and prayers. >> police understand his motive. unlike other rap pages he didn't left any signals his life had gone off course. his ex-girlfriend said he recently quit his job sold all of hiss and planned to move to hawaii. according to detectives he left his car in the parking lot walked right into the macy's store carrying that rifle. he stole it from someone he knew and a long time family friend read a statement on behalf of robert's mother. >> tammy wishes to express her shock and grief in the event at the counstown center on tuesday. she has no understanding or explanation for her son's behavior. >> police are continuing to chase leads as they try to find out what the explanation was for this deadly attack. back to you ladies. >> thank you, ainsley. >> if a deal can't be reached before january the 1st we will go over that fiscal cliff we

talked so much about. as the clock ticks where do merps stand on the troubled economy. peter doocy is live with brand new poll numbers. >> hi heather. we have been hearing so much about what the principal negotiators think about the way around the fiscal cliff. the latest is that president obama is troubled by speaker boehner's suggestion that tax cuts to the wealthy should be permanent while speaker boehner says the president moved the goal post and wants too much in revenue. something we don't hear about is public opinion. most registered voters 57 percent feel the best way to deal with the budget problems is with cuts in spending. 20 percent think tax increases are a better solution and a little less 18 percent favor a balanced approach of cuts and tax hikes. and when asked if raising taxes on the wealthy is enough to

solve the country's budget problems, 33 percent of registered voters said yes. but man fee more, 61 percent said spending cuts are necessary as well. this comes as three quarters of registered voters say all americans every single person should be kwierped to pay some amount of federal income tax so they are invested in the system. 77 percent he is think that's a good idea, 20 percent do not. if they do rise most registered voters 53 percent say president obama will try to use that money to fund more spending. the alternative to decreasing the deficit found much lower percent only 36 percent. of course the folks we polled are registered voters they are not elected lawmakers. they give us a good grasp of public opinion at this minute all of the big decisions go to

the men and women across the street. >> peter doocy with revealing numbers. time for a look at whose talking the tensions are high in michigan after lawmakers passed right to work legislation. it let's workers decide whether or not they want to vojune a union. >> brian kelly sitting down with greta van susteren to discuss the developments about what he hopes it will do to the state's unemployment. >> the unions make their case to the employees with a closed union shop like we have had in the past employees were -- it was a compulsory requirement they had to pay the union. the union has to earn their business, earn their dues. that will put the employees in a position of having greater freedom and kroefrl the organization that represents them. but then also it will make the

union more responsive. when we look to the neighbor to the south we see the pipeline in the state of indiana of jobs and job growth has been very impressive. we look at that very closely when we did our planning here in michigan as well and gaining the support for this new law or this change in our law. also about 25 percent we figure of firms won't even put your state on the radar screen without this law in place. this will be opportunity long-term job growth for our state. >> kelly also said the state is taking serious measures to make improvements to detroit. yesterday we told you about the violence that broke out during a protest in lansing, michigan where pro right to work groups americans with prosperity were targeted. it w the at the present time was partially torn down and two of the people in the tent talked to

greta. >> two men came in with ski masks. they had box cutters or knives they cut the strap that is tethered it to the ground they started to floifrp table that is had hot coffee on it it was scary and i think a lot of people felt angry. they felt like their personal space had been invaded. the right to hear their voice was being trampled on. >> several men went in there trying to get the people trapped in the back of the tent out. we made two attempts to get in there. we couldn't further than halfway through the tent. this tent is large. it's 30 by 60 feet. they were standing on the tent from the outside so you couldn't get through the interior of the tent to push those people off we couldn't make it to the back to get at -- i am pretty sure there were women trapped in the far back end of the tent. >> fox and friends will have more reaction to this violence

with michelle malkin today at 8:00. >> it is time now for your first degree weather update. janice, this is going to be good. >> i hear you are tracking another storm janice. >> yes. coming up in the next weather forecast ladies, this is a tease, we are going to talk about the possibility of a white christmas. we have the coolest place on the map kara beau 5. 53 tampa. that's the warmest spot. 23 in rapid city. satellite radar imagery off of the coast of the carolina bringing mixture. we had light snow rain across the upper midwest and great lakes. developing system across the west is going to make its move across the central u.s. over the next several days. look at the future radar getting a lot of moisture in the pacific and moving across the central u.s. bay saturday. we are going to watch this system and track it. but certainly some rain and some

mountain snow over a foot or more to the colorado rockies which is good news for the spee skiers. stay tuned your chance of a white christmas coming up in the next few minutes. >> thanks a lot. the time now 10 minutes after the ptop of the hour. almost a million of the most popular grand rapids and minivans and suv's on the road they are being recalled we will tell you which ones. >> changes to the frequent flyer program. you may not be earning as many miles as you did before. ♪ [ male announcer ] in blind taste tests, even ragu users chose prego. prego?! but i've bought ragu for years. [ thinking ] wonder what other questionable choices i've made? i choose date number 2! whooo! [ sigh of relief ] [ male announcer ] choose taste. choose prego. music: "make someone happy"

music: "make someone happy" ♪it's so important to make someone happy.♪ ♪'s so important to make meone happy.♪ ♪make just one someone happy ♪and you will be happy too.

>> police say five rocked a julie store and led a chase on the university. one of them ran into a building there forcing swat teams to be called in. loud commercials like this one are now band from the airwaves. a new fcc rule is now in effect. it says tv commercials cannot have volume that is are louder than the program being shown. the change was made following thousands of complaints. >> never liked those things. let's get over to you. >> turn them down. so annoying. >> now stories you can bank on this morning. the federal reserve doing something it has never bodone

before. they have the unprecedented first time in history. what the federal reserve announced they are making bold and specific moves. critics say all of the feds did was confuse us really. moves are too big and too risky. in a few days it will be the four-year anniversary that interest rates are near zero. you have to ask yourself have we taken advantage of low rates? have we gone out and bought cars and houses? in many cases the answer is no. that's what critics say. >> 6:45 would be the number. right now 7.7 interest rate. >> change is in the air for the airlines. >> this is more important money

or loyalty. it used to be you earned a frequent flyer point every mile you flew. now they are doing it on the dollars spent. legacy carrier delta united or u.s. airways haven't changed to that just yet it may be a matter of time before they value our loy kalt based on your wallet. >> guaranteed christmas arrival are coming up. if you don't want to pay an arm and a leg for expedited shipping parcels and packaquettages muses must be sent by friday. december 20th for ups card and letters. if you are worrying go to macy's or toys r us. they are staying open around the clock 24/7 from friday

december 21st until christmas eve. >> all right. time is running out. you still have time left to get us our gifts. >> many options. >> speaking of more time to shop, that brings us to our brew on this question of the day. we wanted to know with holiday hopping you leave until the very last minute. send us your comments over to us. tweet them to us at fox friends first or shoot us an e maim at foxfriendsfirst@foxnews.com. we will read them later in the show. 17 after the hour. if you are looking for a job it may be look for employees. raising money for the victims of sandy. a look at the historic concert coming up.

ndas are being recalled because the key are being removed when the vehicle is not in park. it effects 03-04 honda minivans and pilot suv's. the o 306 acura nx axis. it caused 15 crashes and two injuries. seems like this one soon will be headed to the buckeye state. ohio groups support the right to work laws. their state has to follow the

neighbor's lead or jobs will start heading out in droves. a group called ohioans for workplace freedom is gathering signatures to put the issue on the fall ballot. it is a great time to look for seasonal employment. the november jobs report showing retarryls hiring more workers last month than any other since 1939. talking about seasonal workers. tell us about this week's company. >> we have three companies and the first one you know. there are still a few positions left that will go through january. overall the total number for the season 50,000 they need sales associates customer service jobs. they have 4,000 stores across the country. some of these jobs will go into next year. now they may have jobs that people are leaving at the end of the year that there might be turnover there.

>> get your foot in the door and you will have good benefits as well. >> the photo book company shutter fly kodak they have had all of the financial troubles. shutter fly is hiring. they have two facilities that process the photo books. one is phoenix, arizona one is in charlotte north carolina. 2,000 seasonal jobs. this is a company that does hire seasonal but also will be hiring through out the year. they are getting busier because of the kodak gallery acquisitions. >> great place to live, too. hnr block. is this because of the fiscal cliff? >> people are doing interesting things when it comes to the fiscal cliff and taxes. overall h & r block there's one in every five miles of every american. they are every where. this is not just for the month of december. this is going to be going through into january and february. this is their busy time. they hire about 100,000

year-round. the peak season is october to january. tax professionals client service customer care positions, customer care, tech support. one in every tax return in this country that is filed h & r block does it. the fiscal cliff is changing especially with the real estate market i will talk about that next week. they are busy right now. we want to know how to file our taxes. they are lacking toer more than masking. >> exactly. >> everything is listed at my block casone exchange.com. you can apply. we are going to be getting follow up with the fed and crazy decision that took many of us by surprise. >> it is 25 minutes after the hour. he sacrificed his life to save the lives of fellow soldiers in iraq. why is the military refusing to give him his highest on another.

they are going after santa claus, what he is being forced to give up auz balecause of a woman. first this day in history 1972 two american astronauts on board apollo 17 did the moon walk making them the last humans to set foot on the moon. progresso this reduced sodium soup says it mahelp lower cholesterol, how does it work? you just he to eat it as part of your heart healthy diet. step 1. eat the soup. all those veggies and beans, that's what may help lower your cholesterol and -- well that's easy [ male announcer ] progresso. you gotta taste this soup.

i heard you guys can ship ground for less than the ups store. that's right. i've learned the only way to get a holiday deal is to camp out. you know we've been open all night. is this a trick to get my spot? [ male announcer ] break from the holiday stress. save on ground shipping at fedex office.

>> good morning to you. welcome back to fox and friends first. i am heather nauert. >> i am heather childers. thank you for joining us. it is half past the top of the hour. that means it is now time for your 5@5:30. the top five stories making news at this hour. he paid the ultimate sacrifice to save the lives of his fellow marines. instead of the highest honor the medal of honor his family was given a navy cross. in 2008 robert gates says he was not conscious wihen his body smoothered a grenade in iraq. newly obtained video shows his actions were intentional. they are sticking with the original decision. the national counter-terrorism center is working under new rules and is raising a whole lot of eyebrows over your right to privacy. the agency can now check out government files of any ordinary american for possible criminal

behavior even if there is no reason to suspect them. this is a major departure from past practice and we will hear a lot about this one. >> i am sure we will. >> he has been serving up lunch in lansing michigan for five years. the gentlemen took minutes for union workers protesting the right to work law to smash clinton harbor famous hot dog stand. they are part of the group who tore down americans for prosperity tent on the capitol lawn. now they are reimbursing him for his destroyed cart. so far they have raced 14,000 dollar. >> going cold turkey after all of these years? kicking santa's smoking habits. this is the new version of twaus the night before christmas. they decided to delete two verses where smoking is mentioned then she hired an illustrator to redraw santa without his pipe.

they think kris kringle should be left alone and let him have his pipe they say. take a look at this. that is a florida man who realed in a shark while kayaking. he says he has done this before and until now never had any proof that he caught one. another reason why he will never forget this particular catch, a wave knocked him right out of that kayak and into the water with the shark. >> (inaudible). >> he was rescued in that coral. left him with a lot of scrapes and bruises but he is going to be just fine. that is your 5@5:30. >> quite a story for him. >> nearing the edge washington still want seem to agree on a deal to avoid that fiscal cliff. were voters optimistic lawmakers will come through on this one? doug luzader has the brand new

fox poll from washington. good morning. >> good morning. the clock isic itting. will there be an agreement. 51 percent of registered voters in the fox news poll say there will be an agreement between the president and congress to avert the fiscal cliff before the end of the year. a tiny majority. start with the white house position that taxes on wealthy must go up and republicans plan to give tax breaks just won't fly. here is jay carney. >> it is not a plausible position as jason fuhrman made clear to you last week to say we can somehow magically achieve significant revenue p on the order that we need for that balance reduction package simply by closing loopholes they will not name or capping deductions they will not specify sometime in the future. that is -- those magic beans are just beans. that fair redust is just dust.

it isn't. here's what the fox news polls show us. can raising taxes on the wealthy solve the nation's budget problems. 33 percent say yes 61 percent say no cuts are also necessary. that would back house speaker's john boehner's position that spending cuts need to be part of the sequation. here's the house speaker from yesterday. >> it's mainly tax hikes. the plan does not solve our debt crisis. it increases spending. if taxes in fact go up there's not a whole lot of optimism that that money will be awed to reduce the deficit. in fact 53 percent think it will fund more government spending. others think it will de brees crease the deficit. popular entitlement programs

like medicare and social security this is where you see a big partisan divide. 59 percent ch republicans say yes, major cuts now in those programs to sustain them over the long-term. 52 percent of dpem kratz -- 52 percent of democrats think funding levels should stay right where they are. really the debate on how to handle this whole fiscal cliff will focus around these entitlement programs. >> doug luzader in washington thank you so much. it is time for a look at who is talking. the big talker this morning stel remains michigan passage of the right to work legislation. >> yesterday we showed you this video of steven crowder. did you see that? getting attacked by employee testers. he went head to head with and de sullivan about blue collar.com. >> he was attacking the tent with woman and children. >> and what were you doing?

>> we were trying to prevent people from being hurt in the tent. >> you are a liar, sir. you are a liar. unions being swallowed. babies flailing before being put to bed. look around you man this was the event. >> you should be so proud taking pot shots at these people who are tear fied about losing their jobs. >> you know what a pot shot is -- >> you know what a pot shot is? >> these people are desperate. they are scared and people including the leadership are taking advantage of them and using them. now believe me. i don't -- >> as far as people being afraid these unions being afraid. they should be afraid. they should be afraid because unions threaten their own job security. you look the manufacturing jobs in the united states the single greatest threat to your job security your job being shipped overseas>> it is a cost they can't bear. >> steven you know whi don't ne to be schooled bide you.

i have been in this business quite a long time. >> you just were, you just were. >> okay. on that note let's talk about the weather. let's go to janice dean. she has an update on the storm she is following. >> are you dreaming of a white christmas? let's take a look at the probability. where you see the pinks and purple that's the highest probability of a white christmas. i am not saying it's going to happen. it's a historic probability. when you get to the blues the lower the probability goes. there you have it across the northern plains the rockies and new england area. satellite radar imagery low pressure off the shore that will bring an end to the rain. norther plains upper midwest we are seeing light snow and rains. we are seeing a developing system off to the west. there will be a feet of snow and several inches of rain.

45 in new york, 41 rapid city. 55 san francisco. a quick look he it travel forecast. looking gad for most of the big cities that you are flying in today. >> tomorrow weather star to another. time now to step into the fox light with michael tamaro. first up some scary news surrounding justin bieber. >> pop star justin bieber the c target of a murder plot? >> a convicted killer serving time in the new mexico -- she recruited two hit men to strangle bieber and his body guard at a concert. one man was in vermont the other in new york. >> hopefully he is okay. prince william mreered the

hobbit but he went dateless. >> prince william flying solo. his wife kate middleton said to be suffering a second doubt of extreme warning sickness after being hospitalized last week he was forced to cancel several pier rances. he is resting at home now. >> any word how he liked the movie? >> no, but it looks good. the hobbit an unexpected journey hits theaters tomorrow. looking forward to this one. >> big concert. lots of big stars billy joel, paul mccartney, bruce springsteen, 12-12-12. while we were sleeping royalty was rocking new york city to again p benefit those hit hard by super storm sandy. ♪ >> stones celebrating their 50th anniversary. jersey boys, bruce string steen

and bon jovi teamed up for a special duet. >> long island new york native billy joel singing a classic new york state of mind. ♪ >> you can check me on twitter at fox. thank you michael appreciate it. coming up we are braking down the top 10 states for almost all of them have one thing in common. then it is the christmas season of course but one-eighth iest group wants to destroy the true meaning of christmas. and they are making sure that every one gets their message. and as we go to break a look at alicia keys from last night.

the 12-12-12 concert for sandy victims. flush ♪ flush the boys use capital one venture miles for their annual football trip. that's double miles you can actually use. tragically, their ddy got sacked by blackouts. but it's our tradition! that's roughing the card holder. but with the capital one venture card you get double miles you can actually use. [ cheering ] any flight, anytime. the scoreboard doesn't lie. what's in your wallet? hut! i have me on my fantasy team.

>> welcome back. 43 after the hour. pro president bashar assad forces have fired missile from the capital into rebels there. it comes the same day u.s. in more than 100 countries announced for this day for the first time. it will recognize the rebels adds legitimate representatives of the syrian people. now to south africa a statue of nelson mandela will be unveiled today. the unveiling comes as the former president rae mains in

the hospital. the 94-year-old has made progress over the past 24-hours. in italy could these remains be mona lisa? the dna from the bones from a convert in nature rens. they are looking at whether it is lice saw gerdini she is the model that posed for da vinci's famous painting. >> the list of the ten best states for doing business. all but one of those states is actually a right to work state. there could be other factors involved. diane macedo has more on that. >> thousands of people came out to protest. unions there can no longer force workers to pay union dues. but forbes says according to a new survey right to work states have a clear advantage. they show all but one of the top

ten states have right to work laws the exception colorado. the rankings for the third straight year. they attribute that to corporate taxes. the pro business regulatory climate and north dakota moves up to number 3 after having the most economic growth after the last five years. the top ten expanded their economies 1.7 percent during the tough years between torques 6 and 2011 the economies contracted an average of .1 percent of the year during that time. all but mississippi do not have the right to work laws. they have economic growth forecast. for most improved that goes to indiana which jumped 16 spots this year that is interesting

because they became a right to work state. >> diane macedo from the fox business network. 15 minutes before the hour. one of the major issues facing the fiscal cliff entitlement programs. and now some of them are at their highest levels in history. so we will breakdown the numbers for you. that's coming up next. you see people being pulled over for drunk driving before, but what about a man on a lawn mower. we will tell but that. first let's check in with steve doocy to talk about what's coming up. >> the guy on the mower not hard to trail, though. all you have to do is follow the patch that is really short. >> he doesn't go too fast. >> there was a bouncy snowman involved somehow. >> hilarious. stewart barney will be joining us to talk about who saved the car industry, unions or the bondholder. unions got a better deal but were they the ones that saved it. major publications say the war

on christmas is over. too bad nobody told the navy. student loan debt is a tremendous. they do it in europe that could get a lot of kids out of hot water. they have the number two country hit in the country. that's on this thursday on "fox & friends" starting in 12 minutes.

take effect in january. >> the number of americans on food stamps is up 39 percent since president obama took office. should cutting that program be part of the discussion about the

to 47.7 million. >> it is a guaranteed thing. it's an entitlement program. that means if you meet the income qualifications the government must give you the money whether the government has any money to give you or not. if they don't they have to borrow it. >> that's right spending on food stamps which hit nearly $75 billion in fiscal year 2012 is currently nonnegotiable. it is exempt from sequestration should it quick in. it is not on the table as part of the efforts to negotiate closing the growing gap between revenue and spending. the u.s. department of

agriculture which administers the program said quote the increase in precipitation during the 2008 to 10 period economic decline which included the recent recession was consistent with the increase during previous periods of economic decline. as the unemployment rate slowly drops the number of those participating in snap continues to rise. skeptics go to one key factor. >> a lot of people don't realize one of the provisions in the 2009 economic stimulus bill was to essentially ee sris rate all of the requirements for food stamps. today in most states there's no requirement in exchange for the work benefits. >> it has a work requirement. forable bodied results who don't have dependents. heather and heather back to you. >> thank you very much, shannon. the time is 6 minutes to the top of the hour. still ahead, if you think that you live in a clean city you may

want oh lito lustisten up. we have a list of the dirtiest cities in the nation. >> what holiday shopping do you leave until the last minute? we will read your tweets coming up next.

♪ >> three minutes until the top of the hour. time to look at the good, the bad and ugly. a college class ring was returned to its owner 35 years after it was lost. the reunion all the more sweater for robert. he lost everything from super storm sandy. the ring was found in the bahamas by a missouri couple on their honeymoon. next the bad, yes, that isman da busy highway in south

carolina, yeah, cops say he was drunk. cops swerved him to avoid him. luckily there was no accident . finally the ugly. fresno, california rounding out the top five with philadelphia and bridgeport and modesto. >> earlier in the show, we told you about shipping deadlines. in order to make your presents on time for christmas. what holiday shopping you leave for the last minute. >> here are your responses. i do all of my hopping christmas eve . >> stocking stuffers go out on christmas eve morning, love the crowd. >> i leave gifts for the kids until the last minute so santa can come through with last minute surprises.